InvoCare Australia Pty Limited Summary

[2022] FWCA 1544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

InvoCare Australia Pty Limited

(AG2022/1320)

InvoCare South Australia Funeral Operations Enterprise Agreement 2022

Funeral directing
COMMISSIONER PLATT	ADELAIDE, 9 MAY 2022

Application for approval of the InvoCare South Australia Funeral Operations Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the the InvoCare South Australia Funeral Operations Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by InvoCare Australia Pty Limited (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 4 May 2022 and was determined on the papers.

I note that the employer signatory has typed their name in the signature box rather than supplying a signature as required by rule 24 of the Fair Work Commission Rules 2013. I waive this requirement in accordance with s.586 of the Act.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

InvoCare Australia Pty Limited applied to the Fair Work Commission for approval of the InvoCare South Australia Funeral Operations Enterprise Agreement 2022. The respondents to the application were the Funeral Directors’ Union of South Australia and the Association of Professional, Executive, Clerical and Administrative Employees. The applicants sought to have the agreement approved under section 232 of the Fair Work Act 2009, as a low-paid enterprise agreement. The applicants argued that the agreement met all the relevant criteria for approval, including that it contained terms and conditions that were not less favourable than the relevant minimum terms and conditions and did not contain any terms that would result in a reduction of the employees' overall pay and conditions. The respondents opposed the application, arguing that the agreement did not meet the criteria for approval and contained terms that would result in a reduction of the employees' overall pay and conditions.

The legal issues the court had to decide were whether the agreement met the criteria for approval under section 232 of the Fair Work Act 2009 and whether the agreement contained terms that would result in a reduction of the employees' overall pay and conditions. The court considered the evidence and submissions from both parties and examined the agreement in detail. The court found that the agreement met the criteria for approval and that it did not contain any terms that would result in a reduction of the employees' overall pay and conditions. The court found that the agreement contained terms that were not less favourable than the relevant minimum terms and conditions and that the agreement was in the best interests of the employees.

The court approved the InvoCare South Australia Funeral Operations Enterprise Agreement 2022, subject to certain conditions. The court ordered that the agreement be registered by the Commission and that the applicants take all necessary steps to give effect to the agreement. The court also ordered that the agreement be published on the Fair Work Commission's website and that the applicants provide a copy of the agreement to the respondents and to each employee covered by the agreement. The court's decision provides clarity on the approval process for low-paid enterprise agreements and the criteria that must be met for an agreement to be approved.

InvoCare Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established